US appeals court upholds warrantless collection of phone location data

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Warrants are not required by the U.S. government to access historical cell site information, an appeals court ruled in an order.

The Fourth Amendment to the U.S. Constitution protects only reasonable expectations of privacy, the U.S. Court of Appeals for the Fifth Circuit wrote in a 2-1 ruling on Tuesday. The Fourth Amendment protects against unreasonable searches and seizures.

“Because a cell phone user makes a choice to get a phone, to select a particular service provider, and to make a call, and because he knows that the call conveys cell site information, the provider retains this information, and the provider will turn it over to the police if they have a court order, he voluntarily conveys his cell site data each time he makes a call,” the court added.

Cell site information is clearly a business record, collected by the service provider for its own business purposes, and without being asked to so by the government, the court said in the order.

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Source: FULL ARTICLE at PCWorld

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